2005 California Government Code Sections 12800-12814 CHAPTER 1. ADMINISTRATION

12800.  There are in the state government the following agencies:
State and Consumer Services; Business, Transportation and Housing;
California Environmental Protection; California Health and Human
Services; Labor and Workforce Development; Resources; and Youth and
Adult Correctional.
   Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services."
   Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."
   Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of California Health and
Human Services."
12801.  Each agency is under the supervision of an executive officer
known as the secretary. Each secretary shall be appointed by, and
hold office at the pleasure of, the Governor. The appointment of each
secretary is subject to confirmation by the Senate. The annual
salary of each secretary is provided for by Chapter 6 (commencing
with Section 11550) of Part 1.
12802.5.  The Governor may, with respect to the Resources Agency,
appoint an Assistant Secretary for Energy Matters who may serve as
Secretary for Resources designee on the Energy Resources Conservation
and Development Commission and an Assistant Secretary for Coastal
Matters who may serve as Secretary for Resources designee on the
State Coastal Commission.
12802.8.  The Governor may, with respect to the Business,
Transportation and Housing Agency, appoint a Deputy Secretary of
Housing, who shall serve as the secretary's primary advisor on
housing matters.
   The Deputy Secretary of Housing shall hold office at the pleasure
of the secretary and shall receive a salary as shall be fixed by the
secretary with the approval of the Department of Finance.
12803.  (a) The California Health and Human Services Agency consists
of the following departments:  Health Services; Mental Health;
Developmental Services; Social Services; Alcohol and Drug Abuse;
Aging; Rehabilitation; and Community Services and Development.
   (b) The agency also includes the Office of Statewide Health
Planning and Development and the State Council on Developmental
Disabilities.
   (c) The Department of Child Support Services is hereby created
within the agency commencing January 1, 2000, and shall be the single
organizational unit designated as the state's Title IV-D agency with
the responsibility for administering the state plan and providing
services relating to the establishment of paternity or the
establishment, modification, or enforcement of child support
obligations as required by Section 654 of Title 42 of the United
States Code.  State plan functions shall be performed by other
agencies as required by law, by delegation of the department, or by
cooperative agreements.
12803.2.  (a) (1) The Secretary of the California Health and Human
Services Agency shall establish and staff within the agency the
Long-term Care Council.
   (2) The Long-term Care Council shall be an interdepartmental,
interagency council that shall coordinate long-term care policy
development and program operations and shall develop a strategic plan
for long-term care policy.  The Long-term Care Council shall provide
leadership in developing a long-term care system out of the array of
programs, in existence as of January 1, 2000, that provide long-term
care services.
   (b) The Long-term Care Council, chaired by the Secretary of the
California Health and Human Services Agency, shall hold open meetings
no less than quarterly and its membership shall consist of the
directors of all of the following departments:
   (1) California Department of Aging.
   (2) State Department of Developmental Services.
   (3) Department of Veterans Affairs.
   (4) State Department of Health Services.
   (5) State Department of Mental Health.
   (6) State Department of Social Services.
   (7) Department of Rehabilitation.
   (8) Office of Statewide Health Planning and Development.
   (c) The Long-term Care Council shall have an executive
subcommittee that is chaired by the designated Assistant Secretary of
the California Health and Human Services Agency and the membership
of which is comprised of appropriate deputy directors or other
officers, as selected by the director of each respective department
and office listed in subdivision (b).  The executive subcommittee
shall meet as often as necessary to accomplish the tasks enumerated
in subdivision (d).  The executive subcommittee shall report to the
Long-term Care Council at its regularly scheduled quarterly meetings.
   (d) The Long-term Care Council shall have all of the following
duties:
   (1) To promote coordinated planning and policy development with
regard to the provision of long-term care services, including, but
not limited to, addressing the need for data on the utilization and
cost of long-term care services.  In performing this duty, the
Long-term Care Council shall consider and act on, as appropriate,
Chapter 4 of the January 1999 California Health and Human Services
Agency report entitled "Report on Long-Term Care Programs and Options
for Integration."
   (2) To develop strategies to improve quality and accessibility of
consumer information on available long-term care programs
administered by the state departments represented on the Long-term
Care Council.
   (3) To develop strategies to better monitor the consumer
responsiveness of long-term care services and programs.
   (4) To develop strategies to streamline the regulatory process,
including licensing and certification functions, while promoting a
strong working relationship between state government and local and
federal agencies, providers, caregivers, consumers, and other
appropriate parties.  In performing this duty, the Long-term Care
Council shall consider and act on, as appropriate, Chapter 5 of the
January 1999 California Health and Human Services Agency report
entitled "Report on Long-Term Care Programs and Options for
Integration."
   (5) To develop priorities and strategies for enhancing the overall
availability and quality of long-term care services by identifying
and responding to consumers currently being underserved, or outside
of, the current long-term care system including, but not limited to,
survivors of traumatic brain injury and other underserved
populations.
   (6) To establish appropriate mechanisms to achieve the objectives
outlined in this subdivision, including, for example, by creating ad
hoc or standing advisory committees or holding public hearings for
the purpose of soliciting and receiving input.
   (7) To provide to the Legislature, on or before January 1, 2003, a
study of trends affecting the need for long-term care services and
other supportive services for the elderly and for younger adults with
disabilities.  The council shall seek appropriate support and
assistance from foundations, the federal government, and
universities, in order to carry out the study within existing state
resources.  In developing and overseeing the study, the council shall
also seek the cooperation and advice of the Legislative Analyst,
foundations, qualified California universities, local government, and
appropriate organizations representing the elderly and disabled.
The study may examine all of the following topics:
   (A) Population trends.
   (B) Sociodemographic characteristics.
   (C) Housing and transportation needs.
   (D) Health care and long-term care delivery and utilization.
   (E) Social support structures.
   (8) To establish priorities and develop timelines for carrying out
the duties prescribed by this subdivision.  Initially, the Long-term
Care Council shall include among its first priorities the
development of methods to improve consumer access to long-term care
information.
   (9) Prior to submitting budgets to the Department of Finance, to
review and make recommendations on aspects of the represented
department budgets that pertain to long-term care programs and
services.
   (10) To report annually to the Legislature, commencing January
2001, on progress to date on the duties enumerated in this
subdivision and making note of any additional legislation or
resources needed.
   (e) The Legislative Analyst shall include in the Analysis of the
2001-02 Governor's Budget and the Analysis of the 2006-07 Governor's
Budget a summary of spending on state long-term care programs and, to
the extent feasible, estimates of the population served by each
program.
   (f) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
12803.3.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Director" means the Director of the Office of Systems
Integration.
   (2) "Office" means the Office of Systems Integration.
   (3) "Services" means all functions, responsibilities, and services
deemed to be functions, responsibilities, and services of the
Systems Integration Division, also known as Systems Management
Services, of the California Health and Human Services Agency Data
Center, as determined by the Secretary of California Health and Human
Services.
   (b) (1) The Systems Integration Division of the California Health
and Human Services Agency Data Center is hereby transferred to the
California Health and Human Services Agency and shall be known as the
Office of Systems Integration. The Office of Systems Integration
shall be the successor to, and is vested with, all of the duties,
powers, purposes, responsibilities, and jurisdiction of the Systems
Integration Division of the California Health and Human Services
Agency Data Center.
   (2) Notwithstanding any other law, all services of the Systems
Integration Division of the California Health and Human Services
Agency Data Center shall become the services of the Office of Systems
Integration.
   (c) The office shall be under the supervision of a director, known
as the Director of the Office of Systems Integration, who shall be
appointed by, and serve at the pleasure of, the Secretary of
California Health and Human Services.
   (d) No contract, lease, license, or any other agreement to which
the California Health and Human Services Data Center is a party on
the date of the transfer as described in paragraph (1) of subdivision
(b) shall be void or voidable by reason of this section, but shall
continue in full force and effect. The office shall assume from the
California Health and Human Services Data Center all of the rights,
obligations, and duties of the Systems Integration Division. This
assumption of rights, obligations, and duties shall not affect the
rights of the parties to the contract, lease, license, or agreement.
   (e) All books, documents, records, and property of the Systems
Integration Division shall be in the possession and under the control
of the office.
   (f) All officers and employees of the Systems Integration Division
shall be designated as officers and employees of the agency. The
status, position, and rights of any officer or employee shall not be
affected by this designation and all officers and employees shall be
retained by the agency pursuant to the applicable provisions of the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5), except as to any position that is exempt from civil
service.
   (g) (1) All contracts, leases, licenses, or any other agreements
to which the California Health and Human Services Data Center is a
party regarding any of the following are hereby assigned from the
California Health and Human Services Data Center to the office:
   (A) Statewide Automated Welfare System (SAWS).
   (B) Child Welfare Services/Case Management System (CWS/CMS).
   (C) Electronic Benefit Transfer (EBT).
   (D) Statewide Fingerprinting Imaging System (SFIS).
   (E) Case Management Information Payrolling System (CMIPS).
   (F) Employment Development Department Unemployment Insurance
Modernization (UIMOD) Project.
   (2) All other contracts, leases, or agreements necessary or
related to the operation of the Systems Integration Division of the
California Health and Human Services Data Center are hereby assigned
from the California Health and Human Services Data Center to the
office.
   (h) It is the intent of the Legislature that the transfer of the
Systems Integration Division of the California Health and Human
Services Agency Data Center pursuant to this section shall be
retroactive to the passage and enactment of the Budget Act of 2005
and that existing employees of the Systems Integration Division of
the California Health and Human Services Agency Data Center and the
newly established Office of Systems Integration shall not be
negatively impacted by the reorganization and transfer conducted
pursuant to this section.
   (i) It is the intent of the Legislature to review fully
implemented information technology projects managed by the office to
assess the viability of placing the management responsibility for
those projects in the respective program department.
   (j) On or before April 1, 2006, the Department of Finance shall
report to the Chairperson of the Joint Legislative Budget Committee
the date that the administration shall conduct an assessment for each
of the projects managed by the office. The California Health and
Human Services Agency, the California Health and Human Services
Agency Data Center, or its successor, the State Department of Social
Services, and the office shall provide to the Department of Finance
all information and analysis the Department of Finance deems
necessary to conduct the assessment required by this section. Each
assessment shall consider the costs, benefits, and any associated
risks of maintaining the project management responsibility in the
office and of moving the project management responsibility to its
respective program department.
   (k) The California Health and Human Services Agency shall not
place or transfer information technology projects in the office,
without further legislation authorizing these activities.
12803.4.  The Secretary of the California Health and Human Services
Agency shall evaluate, on or before April 1, 2006, how the use of
established state and federal programs and databases may be optimized
in order to facilitate the automatic enrollment of eligible
customers into the California Alternate Rates for Energy or CARE
program established pursuant to Section 739.1 of the Public Utilities
Code, while complying with state and federal privacy laws.
12803.5.  The Governor, upon recommendation of the Secretary of the
Health and Welfare Agency, may appoint not to exceed two deputies for
the secretary.
12803.6.  (a) The Governor shall authorize the secretary of the
Labor and Workforce Development Agency, in collaboration with the
secretary of the California Health and Human Services Agency, to make
available the expertise of state employees and programs to support
the employment-related needs of individuals with disabilities.  Using
existing resources, the agencies shall develop a sustainable,
comprehensive strategy to do all of the following:
   (1) Bring adults with disabilities into gainful employment at a
rate that is as close as possible to that of the general adult
population.
   (2) Support the goals of equality of opportunity, full
participation, independent living, and economic self-sufficiency for
these individuals.
   (3) Ensure that state government is a model employer of
individuals with disabilities.
   (4) Support state coordination with, and participation in,
benefits planning training and information dissemination projects
supported by private foundations and federal grants.
   (b) (1) The Labor and Workforce Development Agency shall monitor
and enforce implementation of Section 188 of the federal Workforce
Investment Act of 1998 (29 U.S.C. Sec. 2938), and shall require local
workforce investment boards to report as follows:
   (A) By July 1, 2003, each local workforce investment board shall
report to the Labor and Workforce Development Agency or its
designated department on the steps it has taken to ensure compliance
with Section 188 of the federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2938), in regard to the provisions as they apply to
persons with disabilities.
   (B) By October 31, 2003, each local workforce investment board
that chooses to participate in the federal Ticket to Work and
Self-Sufficiency program shall report to the California Workforce
Investment Board on its readiness to meet the eligibility standards
to serve as an employment network under the federal Ticket to Work
and Self-Sufficiency program (Section 1148(f), Part A, Title XI of
the Social Security Act, 42 U.S.C. Section 1320b-19).
   (2) The Labor and Workforce Development Agency shall report its
findings, based on the reports described in subparagraph (A) of
paragraph (1), to the Governor and the Legislature.
12803.65.  (a) The Governor shall rename and establish, in the Labor
and Workforce Development Agency, the existing California Governor's
Committee on Employment of Disabled Persons as the "California
Governor's Committee on Employment of People with Disabilities" or
"CGCEPD."
   (b) (1) The California Governor's Committee on Employment of
People with Disabilities shall include, but not be limited to, the
following:
   (A) Four individuals with disabilities representing disabled
persons, two appointed by the Governor and one each appointed by the
Senate Committee on Rules and the Speaker of the Assembly, each for a
three-year term.
   (B) The Directors of the Employment Development Department, State
Department of Health Services, State Department of Mental Health,
State Department of Developmental Services, State Department of
Social Services, and Department of Rehabilitation, and the Chair of
the State Independent Living Council.
   (C) Representatives from the State Department of Health Services'
California Health Incentive Improvement Project.
   (D) A representative from the California Workforce Investment
Board.
   (E) Representatives from any other department or program that may
have a role in increasing the capacity of state programs to support
the employment-related needs of individuals with disabilities.
   (F) A representative from a local one-stop or local workforce
investment board, to be appointed by the Governor.
   (G) A business representative with experience in employing persons
with disabilities, to be appointed by the Governor.
   (2) The members of the California Governor's Committee on
Employment of People with Disabilities shall select a chair from
among the members, and shall hold open meetings no less than
quarterly.
   (c) The California Governor's Committee on Employment of People
with Disabilities shall consult with and advise the Labor and
Workforce Development Agency and the California Health and Human
Services Agency on all issues related to full inclusion in the
workforce of persons with disabilities, including development of the
comprehensive strategy required pursuant to Section 12803.6 and
implementation of the grant program established pursuant to Section
12803.7.
   (d) The California Governor's Committee on Employment of People
with Disabilities shall also:
   (1) Coordinate and provide leadership, as necessary, with regard
to efforts to increase inclusion in the workforce of persons with
disabilities.
   (2) Report annually to the Legislature and the Governor on the
employment status of Californians with disabilities.
   (e) The California Governor's Committee on Employment of People
with Disabilities shall provide support to the State Workforce
Investment Board and the local one-stop centers in their efforts to
achieve full compliance with Sections 18002, 18004, 18006, and 18008
of the Unemployment Insurance Code, and shall identify the extent to
which any one-stops are not in full compliance with those sections
and the reasons for the lack of compliance, including the need for
additional resources.
   (f) The California Governor's Committee on Employment of People
with Disabilities shall meet quarterly with the California Health
Incentive Improvement Project, administered by the State Department
of Health Services, and the project's steering committee, to the
extent funding for the project continues and the activities of the
California Governor's Committee on Employment of People with
Disabilities are not inconsistent with the charge of the California
Health Incentive Improvement Project.
   (g) Using existing funding, the California Governor's Committee on
Employment of People with Disabilities shall facilitate, promote,
and coordinate collaborative dissemination of information on
employment supports and benefits, which shall include the Ticket to
Work program and health benefits, to individuals with disabilities,
consumers of public services, employers, service providers, and state
and local agency staff.
   (h) Using existing funding, the California Governor's Committee on
Employment of People with Disabilities shall receive primary
administrative and staff support from the State Employment
Development Department.
12803.7.  The California Governor's Committee on Employment of
People with Disabilities, in conjunction with the Department of
Rehabilitation, pursuant to Section 12803.65 and to the extent that
funds are available, shall make grants available to counties and
local workforce investment boards, through collaborative efforts of
public agencies and private organizations, including organizations
that serve people with disabilities, to accomplish both of the
following purposes:
   (a) To develop local strategies, including, but not limited to,
regular cross-agency staff training, for enhancing employment
opportunities for individuals with disabilities.
   (b) To fund comprehensive local or regional benefits planning and
outreach programs to assist individuals with disabilities in removing
barriers to work.
12803.8.  The secretary shall provide all possible assistance to any
county desiring to integrate or otherwise unify services
administered by one or more departments in the Health and Welfare
Agency.  This assistance shall include, but not be limited to, the
provision of technical assistance, modification or waiving of
administrative regulations, and supporting legislation to modify
statutory requirements impeding the integration of services.
   The directors of departments within the Health and Welfare Agency
shall cooperate with the secretary in assisting the counties to
achieve the integration of health, social service, and other
programs.  At the request of the secretary, the directors of
departments shall make available all reasonable resources necessary
to meet the legislative intent of integrating these services at the
local level.
12804.  The Agriculture and Services Agency is hereby renamed the
State and Consumer Services Agency.
   The State and Consumer Services Agency consists of the following:
the Department of General Services; the Department of Consumer
Affairs; the Franchise Tax Board; the Public Employees' Retirement
System; the State Teachers' Retirement System; the Department of Fair
Employment and Housing; the Fair Employment and Housing Commission;
the California Science Center; the California Victim Compensation and
Government Claims Board; the California African-American Museum; and
the State Building and Standards Commission.
12804.5.  The Secretary of the State and Consumer Services Agency is
hereby authorized to develop programs for technical and fiscal
assistance to facilitate nonprofit, self-help community vegetable
gardens and related supporting activities.
12804.7.  The State and Consumer Services Agency succeeds to and is
vested with all the duties, powers, purposes, and responsibilities,
and jurisdiction vested in the Department of Food and Agriculture by
Part 3 (commencing with Section 3801) of Division 3 of the Food and
Agricultural Code with respect to the Museum of Science and Industry.
12805.  The Resources Agency consists of the State Air Resources
Board, the Colorado River Board, the State Energy Resources
Conservation and Development Commission, the State Water Resources
Control Board and each California regional water quality control
board, the State Lands Commission, the Division of State Lands, the
San Joaquin River Conservancy, and the following departments:
Conservation; Fish and Game; Forestry and Fire Protection; Boating
and Waterways; Parks and Recreation; and Water Resources.
12805.1.  The Secretary of the Resources Agency shall facilitate
coordination between the Department of Fish and Game and the
California Coastal Commission in a manner consistent with, and in
furtherance of, the goals and policies of Division 20 (commencing
with Section 30000) of the Public Resources Code (the California
Coastal Act of 1976) and of Chapter 10 (commencing with Section 2800)
of Division 3 of the Fish and Game Code (the Natural Community
Conservation Planning Act).
12805.2.  (a) The Resources Agency, in consultation with each
department, board, conservancy, and commission within the agency,
shall develop and maintain a database of lands and easements that
have been acquired by the departments and boards within the Resources
Agency.  The database shall include, but need not be limited to, all
of the following:
   (1) The name of the owner of the land or easement.
   (2) The location of the land or easement.
   (3) The statutory authority for the acquisition of the land or
easement.
   (b) In conjunction with the database described in subdivision (a),
the Resources Agency shall do all of the following:
   (1) On or before September 1, 2002, and each year thereafter,
request that all departments, boards, commissions, and conservancies
within the Resources Agency provide the Secretary of the Resources
Agency with information on any acquisitions of land or funding that
was directed to the acquisition of land, undertaken by the
department, board, commission, or conservancy.
   (2) To the extent that the information is available, on or before
January 10, 2003, and each year thereafter, require that all
departments, boards, commissions, and conservancies within the
Resources Agency provide the Secretary of the Resources Agency with
general information, including a general geographic description of
land acquisition priorities and potential funding sources during the
next fiscal year.
   (3) To the extent feasible, review and evaluate any available
information from federal agencies pertaining to its land acquisition
activities to coordinate and better understand the impact on
California state proposals.
   (4) Provide a report to the Governor and the Legislature on or
before December 31, 2003, and each year thereafter, that does both of
the following:
   (A) Describes the amount of land acquired by each department,
board, commission, and conservancy within the Resources Agency during
the past year and the amount of money spent for the acquisition.
   (B) Projects the approximate amount of land that will be acquired
by the Resources Agency during the following year.
   (5) Provide the report described in paragraph (4) to the Secretary
of Food and Agriculture and the Director of Conservation.
   (6) Establish a uniform open process to ensure that information is
readily available to the general public, local, state, and federal
agencies, adjacent landowners, and other interested parties of record
regarding any state hearings to approve proposed state land
acquisitions.
   (7) Develop strategies with local, state, and federal agencies so
that a revenue stream is established to ensure management plans are
adequately funded for all new acquisitions.
   (c) This section shall be implemented only during those fiscal
years for which funding is provided for the purposes of this section
in the annual Budget Act or in another measure.
12805.5.  (a) The Governor, utilizing the staff and resources of
state agencies, shall transmit to the Legislature, not later than
March 15 of each year, an environmental report designated as the
"Environmental Report of the Governor" setting forth all of the
following:
   (1) A review of environmental developments during the preceding
calendar year, including trends in air quality, water quality, solid
waste, the generation and disposal of hazardous waste, population
growth, the growth in number of vehicles, depletion of natural
resources, and other indicators of environmental quality and
pollution.
   (2) Forecasts of trends in major indicators of environmental
quality, resource depletion, and pollution.
   (3) Insofar as possible within existing resources, an evaluation
of the economic and human health costs of resource depletion,
pollution, and changes in environmental quality.
   (4) Additional material on the California environment that is
pertinent and of interest, with historical analysis and future
projections whenever possible.
   (5) Summaries of state policies and actions that relate to
environmental developments and trends.
   (6) A status update on the California Environmental Technology
Program established pursuant to Section 12812.5.
   (b) In conjunction with the environmental report, the Governor
shall present an environmental message reviewing significant
environmental achievements of the past year, outlining problem areas,
and defining environmental policy, and shall make recommendations as
may be appropriate for programs to decrease pollution, improve
environmental quality, and protect natural resources.
12806.  (a) The California Health and Human Services Agency shall
succeed to, and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the Health and Welfare
Agency.
   (b) The Secretary of the California Health and Human Services
Agency shall succeed to, and is vested with, all the duties, powers,
purposes, responsibilities, and jurisdiction vested in the Secretary
of the Health and Welfare Agency.
12807.  (a) The Resources Agency succeeds to and is vested with all
the duties, powers, purposes, responsibilities, and jurisdiction
vested in the Health and Welfare Agency in respect to the Office of
Atomic Energy Development and Radiation Protection, which, by Section
12803, is renamed the Office of Nuclear Energy and transferred to
the Resources Agency.
   The Secretary of the Resources Agency succeeds to and is vested
with all the duties, powers, purposes, responsibilities, and
jurisdiction vested in the Administrator of the Health and Welfare
Agency in respect to the Office of Atomic Energy Development and
Radiation Protection.
   (b) Any reference to the Health and Welfare Agency or to the
administrator of that agency in any law pertaining to the Office of
Atomic Energy Development and Radiation Protection or the Office of
Nuclear Energy shall be considered a reference to the Resources
Agency or to the Secretary of the Resources Agency, as the case may
be, unless the context otherwise requires.
12807.5.  The Secretary of the Resources Agency, in reviewing
projects pursuant to Sections 5096.87 and 5096.128 of the Public
Resources Code, shall consider the arborescent prototype park project
of the Southgate Recreation and Park District in Sacramento County.
   It is the intent of the Legislature that, if the secretary deems
that project to be among projects of highest priority and there are
insufficient money available under the Z'berg-Collier Park Bond Act
and the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976
to fund a one hundred seventy-two thousand dollar ($172,000) grant to
the district for that project, any deficiency in that grant be made
from other available sources.
12807.6.  (a) The Resources Agency shall establish a revolving
low-interest loan program and a grant program for commercial fishing
vessel owners, operators, and crew members whose primary source of
income for each of the last five years has been derived from
commercial fishing.  The purpose of the low-interest loan program and
the grant program is to provide financial assistance to these
commercial fishermen who have suffered devastating economic losses
from the drought.
   (b) Commercial fishing vessel owners, operators, and crew members
may apply for a loan under the program at an interest rate not to
exceed 3 percent per annum in order to assist them in rescheduling
their debts for commercial fishing vessels, homes, and motor
vehicles.  Applicants shall demonstrate to the Resources Agency the
necessity to reschedule these loans.
   (c) The Resources Agency may provide grants, not to exceed three
months' payment or five thousand dollars ($5,000), whichever is less,
to commercial fishermen for the purpose of making payments on
commercial fishing vessels, homes, and motor vehicles.  Applicants
for these grants shall have previously submitted applications for
low-interest loans pursuant to subdivision (b).  Checks for the
amount of the grant shall be issued to the lender who holds title to
the property.
12808.  The Health and Welfare Agency and the Resources Agency may
use the unexpended balances of funds available for use by the Human
Relations Agency in connection with the functions of the Human
Relations Agency that are transferred to or vested in the Health and
Welfare Agency or the Resources Agency by Section 12803, 12806, or
12807, as the case may be.  Such funds shall be used by the Health
and Welfare Agency and the Resources Agency only for the purposes for
which they were originally appropriated or otherwise made available
to the Human Relations Agency.
12809.  All officers and employees of the Human Relations Agency
who, on the effective date of the 1972 amendment of this section, are
serving in the state civil service, other than as temporary
employees, and engaged in the performance of a function transferred
to or vested in the Health and Welfare Agency or the Resources Agency
by Section 12803, 12806, or 12807 shall be transferred to the Health
and Welfare Agency or the Resources Agency, as the case may be.  The
status, positions, and rights of such persons shall not be affected
by the transfer, and shall be retained by them as officers and
employees of the Health and Welfare Agency or the Resources Agency
pursuant to the State Civil Service Act, except as to positions
exempt from civil service in the Human Relations Agency.
12810.  The Health and Welfare Agency and the Resources Agency shall
have the possession and control of all records, papers, offices,
equipment, supplies, moneys, funds, appropriations, land and other
property, real or personal, held for the benefit or use of the Human
Relations Agency in the performance of the duties, powers, purposes,
responsibilities, and jurisdiction of the Human Relations Agency that
are transferred to or vested in the Health and Welfare Agency or the
Resources Agency by Section 12803, 12806, or 12807.
12811.2.  Any reference in any law in effect on June 30, 1979, to
the Health and Welfare Agency or to the secretary of that agency,
with respect to the Department of Corrections or the Department of
the Youth Authority shall be considered a reference to the Youth and
Adult Correctional Agency or to the Secretary of the Youth and Adult
Correctional Agency, as the case may be, unless the context otherwise
requires.
12811.3.  (a) Notwithstanding any other provision of law and subject
to the provisions of subdivision (i), any employee of a department,
board, or commission under the jurisdiction of the Youth and Adult
Correctional Agency, who is designated as a peace officer described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, may transfer from his or her current position to
another department, board, or commission under the jurisdiction of
the Youth and Adult Correctional Agency.
   (b) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a), and who
is prohibited from carrying a firearm pursuant to paragraph (8) of
subdivision (g) of Section 922 of Title 18 of the United States Code
or Section 12021 of the Penal Code may not transfer to a department,
board, or commission that requires the use of a firearm.
   (c) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a) to a
position requiring the ability to carry a firearm, as determined by
the department, board, or commission, and who has not completed the
required training pursuant to Section 832 of the Penal Code, shall
successfully complete the required training before appointment to his
or her new peace officer position.
   (d) (1) Any peace officer who desires to transfer shall not be
required to undergo a psychological screening pursuant to subdivision
(f) of Section 1031 or subdivision (a) of Section 13601 of the Penal
Code, unless the Secretary of the Youth and Adult Correctional
Agency, or his or her designee, makes a determination that a peace
officer is required to undergo all or a portion of a psychological
screening as described in subdivision (f) of Section 1031 of this
code or subdivision (a) of Section 13601 of the Penal Code.
   (2) The Secretary of the Youth and Adult Correctional Agency shall
promulgate emergency regulations in order to implement paragraph
(1).  Notwithstanding subdivision (b) of Section 11346.1, no showing
of an emergency shall be necessary in order to adopt, amend, or
repeal the emergency regulations required by this paragraph.
   (e) Any peace officer who has successfully completed a course of
training pursuant to Section 13602 of the Penal Code and who
transfers to another department, board, or commission pursuant to
subdivision (a) shall not be required to complete a new course of
training pursuant to Section 13602 of the Penal Code.  However, each
department, board, or commission may prescribe additional training to
be provided to an employee who transfers pursuant to subdivision (a)
and shall provide that training within the first six months of
appointment to his or her new peace officer position.
   (f) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a) shall
not be required to undergo a new background investigation pursuant to
Section 1029.1.
   (g) Nothing in this section shall affect an employee's seniority
calculation as provided for under current law or any memorandum of
understanding between the state and any applicable bargaining unit
agreement in effect upon the effective date of this section.
   (h) The provisions of the Unit 6 Memorandum of Understanding,
which expires July 2, 2006, as modified by the ratified addendum
dated June 30, 2004, relating to the release of copies of videotaped
incidents, shall be subject to the California Public Records Act.
   (i) This section shall become operative only when the Secretary of
the Youth and Adult Correctional Agency certifies in writing that it
is necessary to prevent or minimize employment actions, including,
but not limited to, layoffs, demotions, reductions in time base, or
involuntary transfers of employees.  In addition, the Secretary of
the Youth and Adult Correctional Agency shall have the sole authority
to designate any or all departments, boards, or commissions eligible
to have its peace officer employees transfer pursuant to subdivision
(a) and any or all departments, boards, or commissions that shall
accept peace officer employees under this section.
12812.2.  (a) One of the deputies to the Secretary for Environmental
Protection shall be a deputy secretary for law enforcement and
counsel, who, subject to the direction and supervision of the
secretary, shall have the responsibility and authority to do all of
the following:
   (1) Develop a program to ensure that the boards, departments,
offices, and other agencies that implement laws or regulations within
the jurisdiction of the California Environmental Protection Agency
take consistent, effective, and coordinated compliance and
enforcement actions to protect public health and the environment.
The program shall include training and cross-training of inspection
and enforcement personnel of those boards, departments, offices, or
other agencies to ensure consistent, effective, and coordinated
enforcement.
   (2) In consultation with the Attorney General, establish a
cross-media enforcement unit to assist a board, department, office,
or other agency that implements a law or regulation within the
jurisdiction of the California Environmental Protection Agency, to
investigate and prepare matters for enforcement action in order to
protect public health and the environment.  The unit may inspect and
investigate a violation of a law or regulation within the
jurisdiction of the board, department, office, or other agency,
including a violation involving more than one environmental medium
and a violation involving the jurisdiction of more than one board,
department, office, or agency.  The unit shall exercise its authority
consistent with the authority granted to the head of a department
pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of
Part 1.
   (3) Refer a violation of a law or regulation within the
jurisdiction of a board, department, office, or other agency that
implements a law or regulation within the jurisdiction of the
California Environmental Protection Agency to the Attorney General, a
district attorney, or city attorney for the filing of a civil or
criminal action.
   (4) Exercise the authority granted pursuant to paragraph (3) only
after providing notice to the board, department, office, or other
agency unless the secretary determines that notice would compromise
an investigation or enforcement action.
   (b) Nothing in this section shall authorize the deputy secretary
for law enforcement and counsel to duplicate, overlap, compromise, or
otherwise interfere with an investigation or enforcement action
undertaken by a board, department, office, or other agency that
implements a law or regulation subject to the jurisdiction of the
California Environmental Protection Agency.
   (c) The Environmental Protection Agency shall post on its Web
site, updated no later than December 1 of each year, the status of
the implementation of this section.
12812.3.  One of the deputies to the Secretary for Environmental
Protection authorized pursuant to Section 12812.1 shall be a deputy
secretary for external affairs who shall provide public outreach,
communication to individuals and communities impacted by permitted
activities, and technical support to businesses subject to regulation
by one or more boards, departments, or offices within the California
Environmental Protection Agency.
12812.5.  On or before March 1, 1994, the California Environmental
Protection Agency, using existing resources and in consultation with
other relevant agencies in state and local government, shall do all
of the following:
   (a) Establish an environmental technologies clearinghouse, which
shall include, but not be limited to, maintaining information on
California-based environmental technology companies and information
on funding sources for environmental technology endeavors and making
this information available to interested parties.
   (b) Make available technical assistance within the California
Environmental Protection Agency to assist California-based
environmental technology companies to improve export opportunities,
and to enhance foreign buyers' awareness of, and access to,
environmental technologies and services offered by California-based
companies.  The technical assistance may include, but is not limited
to, organizing and leading trade missions, receiving reverse trade
missions, referral services, reviewing project opportunities, and
notifying California-based companies of export opportunities and
trade shows.
   (c) Perform research studies and solicit technical advice to
identify international market opportunities for California-based
environmental technology companies.
   (d) Participate in federally and other nonstate funded technical
exchange programs, when appropriate, to increase foreign buyers'
interest in California's environmental technologies.
   (e) Coordinate activities in state government, and with the
federal government and other countries' governments, to take
advantage of trade promotion and financial assistance opportunities
available to California-based environmental technology companies.
12812.6.  The Secretary for Environmental Protection shall
coordinate greenhouse gas emission reductions and climate-change
activities in state government.
12813.  The Labor and Workforce Development Agency consists of the
following:
   (a) Office of the Secretary of Labor and Workforce Development.
   (b) Agricultural Labor Relations Board.
   (c) California Workforce Investment Board.
   (d) Department of Industrial Relations, including the California
Apprenticeship Council, California Occupational Safety and Health
Appeals Board, California Occupational Safety and Health Standards
Board, Commission on Health and Safety and Workers' Compensation,
Industrial Welfare Commission, State Compensation Insurance Fund, and
Workers' Compensation Appeals Board.
   (e) Employment Development Department, including the California
Unemployment Insurance Appeals Board, and the Employment Training
Panel.
12814.  (a) Notwithstanding any other provision of law, each state
agency or department or political subdivision of the state may
isolate any of its automated applications, computer hardware, or
networking devices from nonproprietary networks, input streams, power
sources, or other devices at any time and for any duration from 3
a.m. on December 31, 1999, to 12 p.m. on January 1, 2000, inclusive,
if the Governor, the Chief Information Officer, upon designation of
the Governor, or the Governor's Year 2000 Problem Executive Council,
as established in Executive Order D-3-99, grants a written
authorization for the proposed isolation.
   (b) For the purposes of this section, the term "Year 2000 Problem"
has the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.